Texas House Bill HB3242

Texas 2025 - 89th Regular

• Filed: 2/24/25

Caption

Relating to the criminal and licensing consequences of certain offenses relating to the possession of marihuana, certain tetrahydrocannabinols, certain synthetic cannabinoids, and drug paraphernalia; imposing a fee.

Impact

The bill aims to amend the current legal framework by altering existing procedures, particularly under the Code of Criminal Procedure. The introduction of a citation alternative to arrest could relieve police departments of some burdens while offering individuals the chance to avoid criminal records for minor offenses. Moreover, the proposed expunction provisions ensure that individuals charged with certain offenses may have their records cleared under specified conditions, which can potentially improve their future opportunities, such as employment and housing.

Summary

House Bill 3242 addresses the criminal and licensing consequences associated with certain offenses related to the possession of marihuana, tetrahydrocannabinols, synthetic cannabinoids, and drug paraphernalia. This legislation proposes significant changes to the way offenses are treated under Texas law, specifically in reducing the legal ramifications for specific non-violent drug offenses. One of the key provisions is the mandated issuance of a citation instead of arrest for offenders, which reflects a more lenient approach towards minor drug-related offenses.

Contention

While the bill is intended to make Texas law more progressive regarding drug offenses, it does face potential opposition from parts of the legislature. Critics may argue that expunging records could decrease deterrence for drug use and jeopardize public safety. Additionally, concerns may arise over whether issuing citations sufficiently addresses the broader issues of drug-related crime and addiction, or if tougher measures are still necessary to control drug use and trafficking.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: New Section
  • Section: 103
  • Section: 119
  • Section: 121
  • Section: 117
  • Section: 115
  • Section: 116
  • Section: 134

Code Of Criminal Procedure

• Chapter 45. Justice And Municipal Courts
  • Section: New Section

Transportation Code

• Chapter 521. Driver's Licenses And Certificates
  • Section: 371

Occupations Code

• Chapter 551. General Provisions
  • Section: 003